Resolution of March 19, 2021, of the Territorial Delegation

Summary

RESOLUTION of the Territorial Delegation of Employment, Training, Self-Employment, Economic Transformation, Industry, Knowledge and Universities of the Junta de Andalucía in Huelva, whereby the registration, deposit and publication of the COLLECTIVE AGREEMENT FOR INDUSTRIES OF BAKERY AND BREAD STORE AND ITS WORKERS IN THE PROVINCE OF HUELVA.

HAVING SEEN the text of the COLLECTIVE AGREEMENT FOR THE BAKERY AND BREAD VENDING INDUSTRIES AND THEIR WORKERS IN THE PROVINCE OF HUELVA, which was signed on March 18, 2021 by the Association of Bakeries of Huelva and by the FICA unions -UGT Huelva and CC. oo. of Industry, and in accordance with the provisions of art. 90, sections 2 and 3, of the consolidated text of the Workers' Statute Law, approved by Royal Legislative Decree 2/2015, of October 23; in Royal Decree 713/2010, of May 28, on registration and deposit of agreements and collective labor agreements; in Royal Decree 4043/82, of December 29, by which functions and services are transferred to the Junta de Andalucía; in Decree of the President 3/2020, of September 3, of the Vice Presidency and on the restructuring of Ministries; Decree 100/2019, of February 12, which regulates the organic structure of the Ministry of Employment, Training and Self-Employment, modified by Decree 115/2020, of September 8; Decree 342/2012, of July 31, which regulates the provincial territorial organization of the Administration of the Junta de Andalucía, modified by the sixth additional provision of Decree 114/2020, of September 8 and concordant provisions, this Delegation Territorial, in use of its powers, agrees:

FIRST: Order the registration of the aforementioned collective agreement in the corresponding Register of collective labor agreements and agreements of the Territorial Delegation of Employment, Training, Self-Employment, Economic Transformation, Industry, Knowledge and Universities of the Junta de Andalucía in Huelva (in the REGCON web application), with notification to the Negotiating Commission.

SECOND: Arrange your deposit.

THIRD: Request the publication of the text of the collective agreement mentioned in the Official Gazette of the Province of Huelva, for knowledge and compliance by the affected parties.

PROVINCIAL COLLECTIVE AGREEMENT OF THE BAKERY INDUSTRIES OF HUELVA AND ITS PROVINCE FOR THE YEAR 2021–2022-2023

CHAPTER IGENERAL PROVISIONS

Article 1 FUNCTIONAL SCOPE

This agreement obliges all companies dedicated to the manufacture and sale of bread.

Article 2 TERRITORIAL SCOPE

This agreement affects the work centers included in the previous scope and that are located in Huelva capital and its entire province.

Article 3 PERSONAL SPHERE

The personnel who provide their services in articles 1 and 2 are included in the scope of the agreement.

Article 4 ENTRY INTO FORCE

This agreement will enter into force for all purposes on January 1, 2021 and will end on December 31, 2023.

ARTICLE 5 COMPLAINT AND EXTENSION

The Agreement not to be denounced by one of the signatories thereof, will be tacitly extended for annual periods, in this case the salaries during the extension will experience an increase equivalent to that of the I.P.C. of the previous twelve months.

The denunciation shall be made at least two months prior to its expiration.

CHAPTER II FINANCIAL CONDITIONS

Article 6 REMUNERATION

During the validity of this agreement, the remuneration for the different categories will be those that appear in the salary table that is attached to this text as an annex for the years 2021, 2022 and 2023 without salary revision.

The increase for 2021 will be applied retroactively from January 1, 2021. Payroll arrears corresponding to the month after its publication in the Official Gazette of the Province will be received.

Article 7 ANTIQUITY

As of January 1, 2001, seniority was definitively frozen in the amounts that each worker received at that time, eliminating and disappearing said concept for all workers hired from that date.

Nevertheless, if a worker had accrued part of a two-year or five-year period as of January 1, 2001, the proportional part corresponding to that date will be taken into account, freezing it definitively from then on.

Prior to the freezing of seniority, it was agreed in the following terms: Periodic increases are established for time of service within the company itself for all personnel in the following proportions: two bienniums of 5% and 4 five-year periods of 10 % on the base salary, with a maximum limit of 30% amount in which it will be frozen.

Those workers who, upon signing the agreement (95-97) exceeded said limit, were frozen in the amount they had at that time.

The workers who ascend in category or change groups will receive the periodic increases due to seniority that correspond to the above, calculated on the base salary, on the base salary of the one to which they are incorporated.

Article 8 NIGHTTIME

The workers affected by the Agreement who work totally or partially at night have the right to be remunerated with a 25% increase in the daily base salary divided by eight hours and multiplied by the number of night hours worked (between 10 p.m. and 6 hours) if the weekly shift is five days and divided by 6.66 hours and multiplied by the number of hours worked (between 10 p.m. and 6 a.m.) if the weekly shift is six days.

Article 9 EXTRAORDINARY PAYMENTS

There will be three extraordinary payments of 30 days for each of them; at Christmas, San Honorato and July, all of them based on the base salary plus the corresponding seniority.

Article 10 PLUS DISTANCE

When a worker must travel to a workplace other than his usual one by order of the company, he will receive an amount per kilometer of €0.19

This amount will not be received in the event that the company provides a vehicle for the worker to make the trip.

Article 11 BREACH OF CURRENCY

The amount that drivers, delivery men, vendors, in both genders and all those who perform the function of collecting the products sold or distributed and collect them, be it bread or other items, will be converted into an AD PERSONAM supplement. .

As of the signing of this Agreement, this concept disappears and no amount will continue to accrue for it.

Article 12 AD PERSONAL WARRANTY

Personal situations that, considered as a whole, are more beneficial than those established in this agreement, will be respected, maintaining said respect in a strictly "Ad Personam" manner.

CHAPTER III WORKING TIME

Article 13 WORKING DAY

The maximum duration of the working day will be 1808 hours of effective work per year. The irregular distribution of the working day throughout the year is established, respecting the weekly rest on a rotating basis so as not to interrupt the production process that will affect all workers.

When the day is continuous, there will be 20 minutes for a sandwich, which will be considered effective work.

Overtime

Overtime hours will be considered those that are carried out over the maximum duration of the daily workday. Overtime will be financially remunerated with an increase of 50% over the value of ordinary hours or compensated for rest with an increase of 50%.

Article 14 WORK ON HOLIDAYS

In application of the organizational powers of the company, in the event that work is done on a holiday, this day will be compensated with 1.5 days off, or failing that, it will be paid financially. The calculation will be SB+PPP+Seniority /30 x 1.5 days. It will be the choice of the worker or worker if he is paid financially or compensated on rest. In the event that it is compensated for rest, it will be enjoyed in the following two months and for a full day.

Article 15 HOLIDAYS

All personnel covered by this agreement will enjoy an annual vacation of 30 calendar days, based on the base salary of the agreement plus seniority. They will not start on days off, or on the eve of holidays or compensation for holidays.

When the vacation period established in the company's vacation calendar referred to in the previous paragraph coincides in time with a temporary disability derived from pregnancy, childbirth or breastfeeding or with the period of suspension of the contract of work provided for in sections 4, 5 and 7 of article 48, you will have the right to enjoy vacations on a date other than that of temporary disability or that of enjoying the leave that by application of said precept corresponds to you, at the end of the period of suspension, even if the calendar year to which they correspond has ended.

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In the event that the vacation period coincides with a temporary disability due to contingencies other than those indicated in the previous paragraph that make it impossible for the worker to enjoy them, totally or partially, during the calendar year to which they correspond, the worker may do so once once your disability ends and provided that no more than eighteen months have elapsed from the end of the year in which they originated.

It is established during the holiday season that companies will give all their workers a holiday bag of €195.64 during the year 2021, €201.51 during the year 2022 and €205.54 during the year 2023, amount that will be paid in one time before the enjoyment of vacations.

Article 16 LICENSES

The worker, notifying as soon as possible and justifying it adequately, may miss or be absent from work with the right to remuneration at the rate of the base salary plus seniority for any of the following reasons and during the time indicated below:

CHAPTER IV SAFETY, OCCUPATIONAL HEALTH AND ASSISTANCE ASSISTANCE

Article 17 MEDICAL EXAMINATION

The workers affected by this agreement and at the expense of their respective companies, will have the right to an annual medical examination that can be carried out at the Occupational Risk Prevention Center, for which the companies will carry out the appropriate procedures, having to choose, in this case, to the possibilities of said cabinet

Article 18 TEMPORARY DISABILITY

All workers affected by this Agreement will have the right to receive 100% of their salary in cases of Temporary Disability derived solely from an accident at work.

In the event of a situation of temporary disability derived, in this case, from any contingency, companies will have to give each worker who is in this situation a daily kilo of bread.

Article 19 INSURANCE POLICY

The companies affected by this agreement will be obliged to arrange an occupational and non-occupational accident policy in favor of their workers with compensation of €26,602.16 in the event of being killed, severely disabled, absolute or total during the year 2009 , €27,400.22 during the year 2022 and €27,948.22 during 2023.

The increase provided in this article with respect to the previous text will enter into force thirty days after the publication of the agreement.

In the event of not arranging said policy, the companies will be responsible for the payment of the compensation established in the previous paragraph of this article in favor of the workers.

Article 20 WORK CLOTHES

Companies will be obliged to provide all workers with two sets of work clothes per year, one in winter and one in summer, consisting of pants, a short-sleeved shirt, an apron and a hat, all in color white, and the workers will be obliged to use it.

In the event that the companies do not comply with the obligation to provide the garments established above, the worker may purchase them with prior justification of the same and without the amount of these may exceed in the two sets the amount of during the year 2021 of €112.85, €116.24 during the year 2022 and €118.56 during the year 2023.

CHAPTER VTRADE UNION RIGHTS

Article 21 TRADE UNION RIGHTS

The companies will consider the Unions duly established in the workforce as basic and inherent elements to deal with the necessary relations between workers and employers.

Companies will respect the right of all workers to unionize freely, they will not be able to subject the employment of a worker to the condition that he does not join or renounce his union affiliation.

Companies may not fire a worker or harm them in any other way because of their union membership or activity.

Companies recognize the right of workers affiliated with a Union to hold meetings, collect dues and distribute union information outside of working hours, and without disturbing the normal activity of the company. The Unions may send information to all those companies in which they have sufficient and appreciable affiliation, so that it may be distributed outside working hours and without, in any case, the exercise of such practice may interrupt the development of the productive process. There will be a bulletin board in which duly established unions will be able to insert communications, for which purpose they will previously send a copy to the management or ownership of the workplace.

Personnel delegates, without prejudice to the rights and powers conferred by law, will have the following guarantees:

Likewise, the excess that occurs over it due to the appointment of Personnel Delegates or members of the Committee as components of Negotiating Commissions of Collective Agreements in which they are affected and as regards the holding of official sessions through which such negotiations take place and when the company in question is affected by the aforementioned area of ​​negotiation.

Without exceeding the legal maximum, the paid hours available to the members of the Committee or Personnel Delegates may be consumed, in order to provide for their attendance at training courses organized by their Unions, Training Institutes and other entities, having to justify said assistance.

ANTI-UNION PRACTICES. - Regarding the cases of practices that, in the opinion of any of the parties, can be classified as anti-union, the provisions of the Laws will be followed.

CHAPTER IV PENALTY REGIME

Article 22 PENALTY REGIME

Any fault committed by a producer will be classified, according to its importance, transcendence and malice, into: slight, serious, very serious.

The following are minor offenses:

The following will be considered serious offenses:

The following are considered “very serious” offenses:

SANCTIONS The maximum sanctions that may be imposed on those who commit an offense will be the following:

CHAPTER VHIRING

Article 23 RELEASE CONTRACT

The signatory parties understand that, in certain cases, the relief contract regulated by current legislation, can favor the fight against unemployment and access to existing jobs in companies for young people. Therefore, in this agreement, this possibility is included, and the companies must, if the right is exercised by the affected worker, complete the formalities that lead to the execution of the corresponding relief contract.

Article 24 SPECIFIC WORK OR SERVICE CONTRACT

This contractual modality may be used when workers are hired to carry out a specific work or service, with their own autonomy and substantivity within the activity of the company and whose execution, although limited in time, is in principle uncertain duration. These contracts may not last for more than three years. After this period, the workers will acquire the status of permanent workers of the company.

POSSIBLE CONTRACT DUE TO PRODUCTION CIRCUMSTANCES

This type of contract may be entered into when market circumstances, accumulation of tasks or excess orders so require, even in the case of the company's normal activity. In such cases, the contracts may have a maximum duration of eighteen months, the duration of the contract not being able to exceed three quarters of the established reference period or, at most, twelve months.

In the event that the contract had been entered into for a duration less than the legal or conventionally established maximum, it may be extended by agreement of the parties, for a single time, without the total duration of the contract exceeding said maximum duration. .

Article 25 MULTI-EMPLOYMENT

The signatory parties consider it convenient to eradicate moonlighting as a general rule.

For these purposes, it is deemed necessary to apply with the utmost rigor the sanctions provided for in current legislation in cases of workers not registered with Social Security, because they are already registered with another company.

To contribute to the objective of controlling moonlighting, exact compliance with the requirement to inform the legal representatives of the workers of the social security contribution bulletins, as well as the models of written employment contracts that used by companies, as well as documents related to the termination of the employment relationship, as provided in article 64.1.5 of the Workers' Statute. Failure to comply with this obligation will be considered a serious offense for the purposes of its sanction by the Labor Authority.

CHAPTER VI EQUALITY AND CONCILIATION

Article 26 CONCILIATION OF FAMILY AND WORK LIFE

Workers will be entitled to all the benefits included in the Law in force at all times, to promote the reconciliation of family and work life of workers. Especially everything related to: Paid leave; reduction of the working day for family reasons; suspension of the contract due to maternity, risk during pregnancy, foster adoption; family care leave; suspension with reservation of the job and termination of the employment contract. All this in accordance with the provisions of the Workers' Statute.

Workers, due to a nursing leave for a son or daughter under 9 months, will be entitled to one hour of absence from work, which they can divide into two fractions, either entering half an hour later or leaving half an hour earlier. Likewise, the workers may accumulate the hour of absence in full days. In the event that you have chosen to accumulate it in full days, it will be governed by the following terms:

This leave may be enjoyed indistinctly by the father or the mother in the event that both work

Whoever, for reasons of legal guardianship, has a child under 12 years of age or a person with a physical, mental or sensory disability, who does not perform a paid activity, have the right to a reduction in the daily work day between at least minus one eighth and a maximum of half the duration of that, with the proportional decrease in salary.

Special leave for maternity. At the end of the maternity leave, the worker will be entitled to a period of leave of absence of no more than 3 years to care for each child, whether by nature, by adoption or foster care (whether permanent or pre-adoptive). The birth or adoption of new children will generate the right of future and successive leaves of absence that, in any case, will put an end to the previous one. According to what is established in this article, the situation of leave of absence will be computable for seniority purposes and the personnel will have the right to attend training courses to which they will be summoned by the employer. This option can only be exercised by one of the parents if they both work.

Leave of absence for family care. Personnel to attend to the care of a relative up to the second degree of consanguinity or affinity, who for reasons of age, accident or illness cannot fend for themselves and do not perform paid activity. Said period of leave will be computable for the purposes of seniority and the staff will be entitled to training courses to which they must be summoned by the employer especially on the occasion of their reinstatement.

Article 27 DECLARATION OF PRINCIPLES ON EQUALITY AND NON-DISCRIMINATION

The signatory parties to this agreement undertake to eliminate any provision, measure, or labor practice that entails discriminatory treatment based on gender.

Guarantee the application of the principle of non-discrimination based on any type of contract or working day.

Article 28 COMPREHENSIVE PROTECTION MEASURES AGAINST GENDER-BASED VIOLENCE

The female worker who is a victim of gender violence shall have the right, under the terms provided in the Workers' Statute, to reduce or rearrange her working time, to geographical mobility, to change workplaces, to suspension of the employment relationship with reservation of employment and the termination of the employment contract.

In the terms provided in the General Social Security Law, the suspension and termination of the employment contract, provided for in the previous section, will give rise to a legal situation of unemployment. The suspension time will be considered as a period of effective contribution for the purposes of Social Security and unemployment benefits.

Companies that formalize interim contracts to replace female workers victims of gender violence who have suspended their employment contract or exercised their right to geographical mobility or to change workplace, will be entitled to a 100 percent bonus. 100 of the company contributions to Social Security for common contingencies, during the entire period of suspension of the substituted worker or for six months in the event of geographical mobility or change of workplace. When the reincorporation occurs, it will be carried out under the same conditions existing at the time of the suspension of the employment contract.

Article 29 SEXUAL HARASSMENT AND MORAL HARASSMENT

Sexual harassment at work is any verbal, non-verbal or physical conduct of a sexual nature, with the purpose or effect of violating the dignity of a person, particularly when an intimidating, hostile, degrading, humiliating environment is created or offensive.

Moral harassment is any gestural, verbal, behavior or attitude that threatens by its repetition or systematization against the dignity and physical or mental integrity of a person, which occurs within the framework of the company, degrading the conditions of victim's job and jeopardizing his employment. When this type of behavior is related to or caused by the sex of a person, it will constitute moral harassment based on gender.

A specific action procedure will be established in each company, which must be as agile and fast as possible. Once the facts have been reported, compliance with the right to privacy of both the person who has filed the complaint and the person who is the subject of the complaint will be guaranteed, keeping confidentiality as established in the European Code of Conduct.

In the event that the contradictory file confirms the reported facts, the Company Management will consider the sexual harassment as a very serious offense and will sanction the person responsible for the sexual harassment in accordance with article 58 of the E.T.

The sanction may never fall on the victim, nor retaliate against them, nor against the people who testify. Blaming her will be avoided by supporting her at all times and informing her of the existing resources in the trade unions that have signed this agreement in the event that they wish to take legal action.

MISCELLANEOUS PROVISIONS

Article 30

All those workers who carry out the function of oven drivers will have the category of Shovel Officer. Those workers who carry out the function of entablamiento, will have the category of Assistant, provided they have not previously acquired a higher category.

Article 31 DOMESTIC PARTNERS

De facto couples will enjoy all the guarantees and rights emanating from this agreement, provided that their situation is regulated in the manner and manner dictated by the Law. Paid leave in the case of marriage will be enjoyed only once, in the same company.

Article 32 MATERNITY AND SEXISM

The parties signing this agreement agree on the importance of making a reference to what is established in the current legislation in this regard, they expressly refer to the provisions of the same.

Article 33 JOINT COMMISSION

For the interpretation of the content of this Agreement and monitoring of its compliance, as well as to exercise the functions of arbitration in problems or issues that may arise as a result of its application, a Joint Commission will be created that will establish by itself the procedures to resolve discrepancies that arise between the parties and will be constituted as follows:

Eight members, four for social representation and another four for business representation, should be as far as possible from the people who acted in the deliberations of this agreement.

Advisors: Those designated by the parties.

ARTICLE 34 SYSTEM FOR THE RESOLUTION OF COLLECTIVE AND INDIVIDUAL LABOR DISPUTES IN ANDALUCIA

The workers and the company or companies included in the scope of application of this agreement, once the procedures before the Joint Commission have been exhausted, as the case may be, they will submit to the SERCLA procedures for collective disputes. In relation to individual conflicts that arise in terms of: transfers and displacements; periods of enjoyment of vacations, leave, permits and reductions in working hours, will also be subject to the procedures contemplated in the SERCLA for individual conflicts, provided for in the Interprofessional Agreement of March 4, 2005, as of May 1, 2007

FIRST ADDITIONAL CLAUSE

It is established that the conditions agreed in this agreement form a single set so that none of its provisions will enter into force if they are not approved in their entirety; in the event that by the competent labor jurisdiction in the use of the faculties that are its own, any of the pacts of the agreement will not be approved, it will be rendered ineffective and must be reconsidered in all its content.

SECOND ADDITIONAL CLAUSE. ABSORPTION AND COMPENSATION

The remuneration established in this agreement will compensate any other existing at the time it enters into force, whatever the nature or origin of its existence.

The increases in remuneration that may occur in the future due to legal provisions of general application may only affect the conditions agreed in this Agreement, when considering the new remuneration in its entirety, they exceed the current ones agreed, otherwise they will be absorbed by the same.

RELEASE CLAUSE

The increases in wages contained in this Agreement will not apply to those companies that prove losses in the last three years, corresponding, in such a case, the validity of the previous agreement in all its social aspects, remuneration, etc... that will remain for an annual extendable period that will be decided by the Joint Commission, and until the situation that led to the application of this clause is maintained.

In this sense, the contribution of the documentation presented by the aforementioned companies to the official bodies (Ministry of Finance, commercial registry,) consisting of the balance sheet and income statement is considered sufficient justification: As for the last three years, it will be the documentation that is usually sent to said bodies, even if it has not yet been submitted, as long as once it is submitted it yields the same data as those used for these purposes.

The legal representatives of the workers are obliged to treat and keep the information received and the data to which they have had access confidential, as a consequence of what is established in the previous paragraphs, observing, therefore, confidentiality regarding all of this. professional.

PROCEDURE

Companies must, within 30 business days of signing the Agreement, notify the Joint Commission of their decision to avail themselves of the opt-out clause by not applying the commitments agreed in the agreement in salary matter., providing the documents mentioned above.

For these purposes, the notification carried out by registered letter addressed to the following addresses will be understood:

HEADQUARTERS OF THE ANDALUSIAN LABOR RELATIONS COUNCIL IN HUELVA

Situated at Calle Camino el Saladillo, s/n (Employment Delegation) had met, after analyzing the documentation provided, has not reached an agreement regarding the admissibility or inadmissibility of the application of the pick-up clause in said company, as well as the period or annual extension of pick-up, it will be understood that its application is appropriate without prejudice to the resolution that proceeds through the procedures established for collective conflicts in current legislation.

Given that the proposal to dismiss emanates from the company, the automatic application of the agreement will not operate if the commission does not meet within a period of 20 days because the business representation evades its obligation to appear before the Joint Commission, provided that has been duly requested for this purpose, by any of the signatory trade unions, within a period of 10 days from the communication of the company. Otherwise, the automatic pick-up will operate.

In the event that the worker affected by the possible dismissal has caused leave in the company and as a consequence of the alleged inappropriateness of the same agreed by the commission or resolved by the labor jurisdiction, they have the right to receive the corresponding increases, they must receive it in the same way as the workers who were still registered.

The Joint Commission will study the conditions and duration of the dismissal, being able to propose formulas given to the company, and in case of disagreement, it will provide the documentation provided by the company to the Court hearing the collective conflict, on the understanding that if the company intends to provide more documentation before the Social Court, must send the same documentation to the Joint Commission.

FINAL CLAUSE

In matters not specifically regulated by this agreement, the provisions of current labor legislation and other mandatory provisions will be followed on the date of signing this agreement.